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Delaware Supreme Court to Review Validity of ATG Capital’s Nomination Notice Prior to Empery Digital’s 2026 Annual Meeting

EMPD
  • Empery Digital confirmed the Delaware Supreme Court will hear an expedited appeal regarding ATG Capital's nomination notice, with oral arguments scheduled for October 7, 2026.
  • Institutional Shareholder Services (ISS) recommended voting "FOR" 7 of the Company's 9 director nominees but opposed the four ATG nominees.
  • The Board criticized ISS for omitting Court of Chancery findings that sanctioned ATG nominee Mr. Gliksberg for intentionally destroying campaign documents & for finding evidence that he concealed a voting scheme with Tice Brown.
  • The Company asserts Mr. Gliksberg lacks a strategic plan, has not conducted due diligence, & has not engaged in dialogue with management or Hunt Properties.
  • ATG intends to seek reimbursement from shareholders for nearly $10 million in expenses, including litigation fees & costs related to sanctions for evidence destruction.
  • Shareholders of record as of September 2, 2026, are urged to vote "FOR" all 9 of Empery Digital's nominees on the WHITE proxy card & "WITHHOLD" from ATG nominees.
  • The voting deadline is 11:59 p.m. Eastern Time on October 13, 2026, & only the latest-dated proxy card will be counted.
  • Shareholders holding ATG's gold proxy card can change their vote by signing & returning the WHITE proxy card.
  • Empery Digital employs a bitcoin treasury strategy & is expanding into AI infrastructure & data center investments.